{
  "url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018/schedule-13/paragraph-29",
  "json_url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018/schedule-13/paragraph-29.json",
  "legislation": "ssi/2018/219",
  "legislation_title": "The Environmental Authorisations (Scotland) Regulations 2018",
  "legislation_url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018",
  "path": "schedule/13/paragraph/29",
  "kind": "paragraph",
  "number": "29",
  "heading": "Basic characterisation",
  "text": "(1) Waste may only be accepted at a landfill if it is characterised by its producer or the person responsible for its management to ensure that all information necessary for safe disposal of the waste in the long term is available, including at least the following information—\n(a) the source and origin of the waste,\n(b) the process producing the waste, including—\n(i) a description of the process, and\n(ii) the characteristics of its raw materials and products,\n(c) the waste treatment applied or a statement of reasons why such treatment is not required under paragraph 10(1) of this schedule,\n(d) the composition of the waste, including where relevant, an assessment of it against the relevant limit values in Part 3 of this schedule and, where necessary and available, its other characteristic properties,\n(e) the appearance of the waste, including—\n(i) smell,\n(ii) colour,\n(iii) consistency,\n(iv) physical form,\n(f) the code applicable to the waste under Commission Decision 2000,\n(g) in the case of hazardous waste, the relevant properties which render it hazardous according to Annex III of the Waste Framework Directive,\n(h) evidence that the waste is not prohibited under paragraph 9 of this schedule,\n(i) the landfill class at which the waste may be accepted,\n(j) the likely behaviour (including, where relevant, leaching behaviour) of the waste in a landfill and any additional precautions that need to be taken at the landfill as a consequence,\n(k) whether the waste can be recycled or recovered.\n(2) For waste regularly generated in the same process, the following additional information must be provided—\n(a) the compositional range for the individual wastes,\n(b) the range and variability of characteristic properties,\n(c) if appropriate, the leachability of the wastes determined by—\n(i) a batch leaching test,\n(ii) a percolation test,\n(iii) a pH dependence test,\n(d) identification of the key variables to be tested for compliance testing, the frequency of compliance testing and options for simplification of compliance testing,\n(e) in the case of waste which is produced in the same process in different installations, the scope of the evaluation which must include a sufficient number of measurements to show the range and variability of the characteristic properties of the waste.\n(3) In order to characterise the waste, it must be subject to prior tests in accordance with paragraph 12(c) of this schedule, unless sub-paragraph (4) applies.\n(4) Testing is not required in the case of any of the following types of waste—\n(a) waste which may be accepted without testing under paragraphs 21 and 25 of this schedule,\n(b) waste in respect of which SEPA is satisfied that all the necessary information for the characterisation under sub-paragraph (3) can be provided without testing,\n(c) waste in respect of which SEPA is satisfied by way of a documented justification supplied to it that—\n(i) the waste is of a type where testing is impractical or appropriate testing procedures and acceptance criteria are not available,\n(ii) the waste is of a type which is acceptable at the landfill class in question,\n(5) Records of the information obtained for the purposes of characterisation must be retained by the authorised person for at least two years after the date of characterisation.\n(6) Any type which may be accepted without testing under sub-paragraph (4) is subject to checking for compliance with its basic characterisation established under this paragraph.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 13 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 4 (with sch. 23)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2018/219/schedule/13/paragraph/29",
    "retrieved_at": "2026-10-28T21:11:56.403037+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}